Court No. - 9
Case :- WRIT - B No. - 5510 of 2018 Petitioner :- Ghanshyam Respondent :- Deputy Director Of Consolidation And 4 Others Counsel for Petitioner :- Prabha Shanker Pandey Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition is reported to suffer from latches of 3 years 99 days and is directed against the order dated 21.04.2015 passed by the Deputy Director of Consolidation.
The unit was brought under consolidation operations in the year 2000. Notification under Section 9 of the U.P. Consolidation of Holdings Act is stated to have been published on 07.11.2002. An objection under Section 9A(2) of the U.P. Consolidation of Holdings Act was filed by the petitioner on 21.08.2003, disputing the entry in favour of the Gaon Sabha over plot no. 562 area 270 links and 570 area 144 links and 590 area 112 links, namely three plots having a total area of 526 links.
This time barred objection was allowed by the Consolidation Officer on 22.05.2014. The petitioner was directed to be recorded as the bhumidhar with non-transferable rights over the land aforesaid.
This order has been set aside by the Deputy Director of Consolidation on the ground that correction in the revenue entry, on the basis of an allotment of land, was being sought 34 years after the alleged allotment was made in favour of the petitioner in the year 1976, the order of the Consolidation Officer appeared to be a conclusive order. Therefore, exercising powers conferred by Section 11C of the U.P. Consolidation of Holdings Act, the order of the Consolidation Officer has been set aside. Hence this writ petition.
Initially, when the matter came up before this Court, counsel for the petitioner vide order dated 02.11.2018 was directed to produce the original allotment in his favour, allegedly made in the year 1976.
Again on 17.11.2018, an adjournment was sought on the ground that the original patta could not be produced. The following order was passed on that date:-
"Put up this matter in the additional cause list on 26.11.2018.
It is made clear that no further adjournment shall be granted on that date."
Counsel for the petitioner has submitted that the original patta is not available at the moment and, therefore, the same has not yet been filed.
Not only have the courts below found the case of an alleged allotment in favour of the petitioner to be highly doubtful, the petitioner despite repeated time having been granted has failed to produce the patta even after expiry of almost a month.
In view of the non filing of the original patta, the order impugned cannot be faulted with. It would be relevant to note that no patta not even its photo copy has been filed before the Court below. The Consolidation Officer appears to have passed the order in favour of the petitioner relying only upon an order of the S.D.M. granting approval to some allotment(s).
Even otherwise there is no cogent explanation for the inordinate latches of 3 years 99 days in filing this petition.
For the foregoing reasons, I do not find any merit in the writ petition.
The same is accordingly dismissed.
Order Date :- 30.11.2018 Mayank